How can a personal injury lawyer help his or her clients obtain what they rightfully deserve in a slip and fall case? The answer to this question is not necessarily easy because the lawyer will have to prove several difficult elements during the case. Visitors to private property or a place of business have the legal expectation that they will not be injured. This means that if the property owners know that there is something that could possibly cause their guests or clientele to slip and fall, they have they duty to remove that element or render it harmless to others.
How Personal Injury Lawyers Demonstrate Negligence
In order for a personal injury lawyer to demonstrate to the court that the property owners were negligent, they will need to show that the owners were responsible for the danger being on the property and knew that the element presented a danger to others and did not perform any actions to prevent people from being hurt. Another side to the slip and fall claim may be that the property owners did not know about the existing danger but it is reasonable to expect them to have known about it.
The plaintiff has a role to play in slip and fall cases as well. One very important element is the fact that the plaintiff must not have known about the danger. If the guests can clearly see the danger, they are expected to take precautions. If they do not, they may still have a case for the personal injury lawyer but their award will have to be much lower than if only the defendant knew about the danger and the plaintiff had no knowledge.
How Lawyers Evaluate Slip & Fall Cases
Before the slip and fall case can be taken to court, personal injury lawyers will evaluate the evidence to make sure that it warrants this action. To support their claims, the injured will have to discuss in detail what they were doing before they fell and sustained the injury. They will need to inform their lawyers of how quickly they received medical treatment and if the injury is keeping them from their jobs.
Some important pieces of evidence that personal injury lawyers need in determining if they will take a slip and fall case are the shoes their clients had on at the time of the fall, the medical records from all of their doctors, any pictures that were taken of the premises and any witness statements with their contact information.
When the Case Goes to Court
If the case does go to court, the personal injury lawyers will, most likely, ask for the services of an expert. It cannot be taken for granted that the injuries were caused by the fall at the private residence or place of business. An expert is going to need to demonstrate that the fall directly caused the plaintiff’s injuries and how much medical care the plaintiff is likely to require. After personal injury lawyers have been successful performing all of the duties explained here, they may be able to obtain the highest judgment possible for their clients.